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<br />tion, or maintenance of Radios shall require any construction work
<br />in the Public Right-of-Way, Metricom shall apply for the appropri-
<br />ate street opening and other permits required by law and pay any
<br />fee charged by the city for such street opening or other permits.
<br />
<br /> 6.Z Upon the completion of construction work, Metricom
<br />promptly shall furnish to the City, in hard copy and electronic
<br />format, suitable documentation showing the Dxact location of the
<br />Radios in the Public Right-of-Way.
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<br />INDEMNIFICATION AND WAIVER
<br />
<br /> 7.1 Metricom agrees to indemnity, protect, defend (with
<br />counsel acceptable to the city) and hold harmless the City, its
<br />council members, officers, employees, and agents, from and against
<br />any and all claims, demands, losses, damages, liabilities, fines,
<br />charges, penalties, administrative and judicial proceedings and
<br />orders, judgments, remedial actions of any kind, and all costs and
<br />cleanup'actions of any kind, all costs and expenses incurred in
<br />connection therewith, including, without limitation, reasonable
<br />attorney's fees and costs of defense (collectively, the "Losses")
<br />arising, directly or indirectly, in whole or in part, out of the
<br />activities or facilities described in this Franchise, except to the
<br />extent arising from or caused by the acts or omissions of the city,
<br />its council members, o~ficers, employees, agents or contractors.
<br />
<br /> 7.2 The waiver by the City of any breach or violation of any
<br />Provision of this Franchise by Metricom shall not be deemed to be
<br />a waiver or a continuing waiver by the city of any subsequent
<br />breach or violation of the same or any other Provision of this
<br />Franchise by Metricom.
<br />
<br /> 7.3 Metricom waives any and all claims, demands, causes of
<br />action, and rights it may assert against the City on account of any
<br />loss, damage, or injury to any Radio or any loss or degradation of
<br />the Services as a result of a sudden or gradual loss or change of
<br />electrical power caused by, among others, an Act of God, an event
<br />or occurrence which is beyond the reasonable control of the City,
<br />a power outage, a lightning strike, or occasioned by the installa-
<br />tion, maintenance, replacement or relocation of any city-owned
<br />facility to which such Radio is attached.
<br />
<br /> 7.4 The city shall be liable only for the cost of repair to
<br />damaged Radios arising from the city's negligent acts or omissions,
<br />and the City shall not be responsible for any damages, losses, or
<br />liability of any kind occurring by reason of anything done or
<br />omitted to be done by the City or by any third party, including,
<br />without limitation, damages, losses, or liability arising from the
<br />issuance or approval by the City of a permit to any third party or
<br />any interruption in Services.
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